Toledo Reporter

State Senator Paula Hicks-Hudson (D-Toledo) and State Representative Terrence Upchurch (D-Cleveland) submitted a filing to the Ohio Supreme Court on Wednesday, alleging legal malpractice by Attorney General Dave Yost and Ballot Board chair Secretary of State Frank LaRose. The filing pertains to their conduct in the Citizens Not Politicians legal matter.

The lawmakers accuse AG Yost of refusing to allow outside counsel to represent them, the only two dissenting votes against the Issue 1 ballot language, which they describe as misleading and false. They also allege that Yost failed to seek input from or share information with them before making a legal filing, actions they argue are ethically questionable.

“One of two things has to be true: either we should receive an outside counsel appointment so that our interests–which diverge from those of the Secretary of State–are adequately represented in this litigation; or the Attorney General is the sole representative who had an obligation under the Ohio Rules of Professional Responsibility to communicate with us, seek input from us, and consider our interests before filing an Answer purportedly on our behalf. We are both members of the Ballot Board with evidence, insight, and information, and we were named explicitly in our official capacities in this litigation,” reads the legal filing.

Additionally, Secretary of State Frank LaRose is accused of manipulating the ballot language approval process by drafting language that allegedly deceives and misleads voters regarding the Citizens Not Politicians anti-gerrymandering constitutional amendment.

The Answer filed by Senator Hicks-Hudson and Rep. Upchurch was submitted on Wednesday afternoon.